VIBHU BAKHRU
UNION OF INDIA – Appellant
Versus
INDERJIT MEHTA CONSTRUCTION PVT. LTD. – Respondent
VIBHU BAKHRU, J.
1. The petitioner has filed the present petitions under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter 'the Act') impugning an arbitral award dated 28.12.2016 (hereafter 'the impugned award') passed by an arbitral tribunal comprising of a sole arbitrator (hereafter 'the Arbitral Tribunal'). The impugned award was rendered in the context of disputes that have arisen between the parties in relation to the contracts entered into between the parties, namely, for “completion of balance works of construction of dwelling units including allied external services for Lulla Nagar area, Pune, Maharashtra” for a contract value of Rs. 17,52,30,500.92/-, and “completion of balance works of construction of dewelling units including allied external services at Pune (camp area)” for a consideration of Rs. 31,44,74,077.84/-.
2. The controversy involved in both the petitions herein is common. It is seen that the pleadings in these petitions are almost similar. In order to address the controversy involved, this Court would refer only to the facts as relevant to OMP (Comm) 244/2017. The counsel appearing for the parties also agree that the decision in the s
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